Experts Believe Illinois SAFE-T Act Protects Domestic Violence Victims

Some exciting and great news out of Illinois. Domestic violence experts are enthusiastic about the changes they have seen since the enactment of the Safety, Accountability, Fairness, and Equity-Today Act (SAFE-T Act). They say it has ushered in a new era of protection for domestic violence victims. The groundbreaking legislation came into effect on January 1^st of 2023, and introduced sweeping reforms to the criminal justice system, impacting policing, pretrial detention and bail, sentencing, and corrections across Illinois. Among these reforms, the SAFE-T Act's section on pretrial detention, known as the Pretrial Fairness Act, garnered significant attention with the removal of cash bail and its replacement with a new process for pretrial release.

Under the previous system, detainees could secure their release by paying a set amount of "cash bail." However, this often failed to consider the safety and security of domestic violence victims. The new system radically shifts the focus from cash payments to a risk assessment approach. Judges are now tasked with determining whether detained individuals pose a risk if released, considering factors like the specific threat they pose to others or the likelihood of willful flight.

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Illinois has become the first state to abolish cash bail as the standard for pretrial detention, drawing praise from advocates of criminal justice reform. Governor Pritzker has lauded the legislation as "a substantial step toward dismantling the systemic racism that plagues our communities, our state, and our nation, and brings us closer to true safety, true fairness, and true justice."

The SAFE-T Act is largely supported by reform advocates but faces opposition from some lawmakers and law enforcement officials. Critics have voiced concerns about the creation of "non-detainable offenses" and an increase in crime rates. In contrast, proponents argue that the law fosters fairer courts, allowing a more focused approach on more serious crimes. It aims to looks at details, case by case, a great step in protecting victims from future domestic abuse.

The act's pretrial reforms extend beyond bail elimination. They establish a Pretrial Practices Data Oversight Board, a Domestic Violence Pretrial Practices Working Group, and require notification of pretrial hearings to victims of crimes. Additionally, the act empowers judges to revoke pretrial release under certain conditions.

Notably, the SAFE-T Act encompasses more than just pretrial reforms. It introduces a range of policing reforms, including expanded training, restrictions on the use of deadly force, body camera requirements, and reporting mechanisms for deaths in police custody and use of force by officers. These measures aim to ensure accountability and transparency in law enforcement. In the case of domestic disputes or issues, victims are now required to be notified about their abuser's release and the conditions of that release, providing them with more information and control over their own safety. Women Justice Institute (WJI) is now pushing for law enforcement to receive training on how to recognize survivors of domestic violence, with a goal of preventing unnecessary arrests and ensuring a more informed response to domestic cases.

The act also addresses prison and sentencing reforms, offering support to pregnant prisoners, introducing sentence credits, and narrowing the "felony murder" rule. It also ended prison gerrymandering, ensuring a more equitable representation in electoral districts. The legislation also provides support for domestic victims who may have been unjustly arrested for defending themselves against an abuser.

Overall, the SAFE-T Act represents a comprehensive overhaul of the criminal justice system in Illinois, and domestic violence experts believe it provides a new level of protection for victims. The SAFE-T Act is seen as a step toward a “fairer” and more just system that prioritizes the safety and security of domestic violence victims. Full details on the SAFE-T Act can be found here from the official governmental act release. Find a breakdown of the act here.